Conditions allowing towing
- conditions requiring release of vehicle
(1)A tower may tow a motor vehicle if the motor vehicle:
(a)Blocks or prevents access by emergency vehicles;
(b)Blocks or prevents entry to the premises;
(c)Blocks a parked motor vehicle; or
(d)Parks without permission in a parking facility used for residents of an apartment and:
(A)There are more residential units than there are parking spaces;
(B)The landlord has issued parking tags or other devices that identify vehicles that are authorized to be parked on the premises; and
(C)There are signs posted that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility prohibiting or restricting public parking on the parking facility.
(2)Prior to towing a motor vehicle pursuant to ORS 98.812 (Towing of unlawfully parked vehicle), a tower shall take at least one photograph of the motor vehicle and record the time and date of the photograph. The photograph must show the motor vehicle as it was left or parked at the time the tower arrived to conduct the tow. The tower shall maintain for at least two years, in electronic or printed form, each photograph taken along with the date and time of the photograph. Upon request, the tower shall provide a copy of any photographs to the owner or operator of the motor vehicle at no additional charge.
(3)Intentionally left blank —Ed.
(a)If the owner or operator of the motor vehicle is present at the time of the tow, the tower shall release the motor vehicle at no charge unless the hookup is complete. If the hookup is complete, the tower shall release the motor vehicle and may charge the owner or operator of the motor vehicle a fee that does not exceed the charge to hook up for that type of tow as listed in a written statement described in ORS 98.856 (Tower responsibility of disclosure to owner or operator of vehicle).
(b)For purposes of this subsection, a hookup is complete if the motor vehicle to be towed has been loaded onto a tow vehicle, or if any part of the motor vehicle has been placed on or connected to an assembly that is part of a tow vehicle, such that the tow vehicle is capable of being in motion with the motor vehicle in tow.
(4)A tower who controls or has access to multiple storage facilities must tow a motor vehicle to the tower’s storage facility with available space that is located in the same county as and is closest to where the motor vehicle was hooked up to the tow vehicle. [2017 c.480 §9]
Section 98.853 — Conditions allowing towing; conditions requiring release of vehicle,